General Website Terms of Use

Introduction

This website ("Site") is owned and operated by Epson Australia Pty Limited (Epson) ABN 91 002 625 783 of Level 7, 90 Arthur Street, North Sydney, NSW 2060, Australia ("Epson").


By choosing to use this Site or to download software for our products, (“Software”), which includes any patches, firmware upgrades or other product information (all of which is collectively called “Materials”), you accept the following terms and conditions ("Terms of Use").


If you do not accept the Terms of Use, you must not use the Site or download Materials.


In addition to the Terms of Use, other Epson websites and Software may have specific terms and conditions of use which you will need to accept before making use of them.


If you are making purchases on Epson websites, please read the relevant Terms & Conditions of Sale which will apply to your purchases.


Trademarks and Ownership of Materials

All Materials, and all text, images, sounds, audio and video, trade marks, other software, interferences, website structure, layout and design, copyright, works and any other material displayed on the Site on or accessible via the Site and all intellectual property rights in them are owned by Epson or its licensors and must not be distributed, modified, reproduced or used, in whole or in part, without Epson's prior written consent.

 

Your Use of This Site

You may download Materials to a single stand-alone computer for your personal and non-commercial use, provided you comply with all copyright and other proprietary notices on the Site.


You agree that:


  1. You will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use;
  2. You will not copy, sell or otherwise exploit for any commercial purpose any part of the Site or Materials without our prior written consent, which we may refuse in our complete discretion;
  3. You will not use this Site to collect or store personal information about other users of the Site;
  4. You will not try to gain unauthorised access to any part of the Site or to upload to the Site any virus, data, Trojan horse, worm, program or other information that may corrupt or affect adversely the operation of the Site; and
  5. At your own cost, you must take precautions to protect your computer system from viruses or anything else, including but without limitation worms or Trojan horses that may interfere with or damage its operations;
  6. If you do anything that is prohibited under these Terms of Use, including violating any applicable laws,  Epson may on written notice to you (including by email), acting reasonably, suspend or terminate your account on the Site and/or cancel your orders.

 

Third Party Products and Websites

A reference on the Site to any non-Epson products ("Third Party Products"), companies and non-Epson web sites (“Third Party Site”) is for information purposes only and should not be taken as an endorsement or recommendation of those Third Party Products or Third Party Sites by Epson.


Except that nothing in this clause excludes, restricts or modifies any warranties, guarantees, rights or remedies which cannot be excluded, restricted or modified under the Australian Consumer Law (“Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the “Australian Consumer Law”), Epson makes no representations or warranties regarding the quality, safety or suitability for any purpose of any Third Party Products. You must order Third Party Products directly from the relevant third party vendor and all associated contracts, licences and warranties will be made between you and the relevant vendor and will not involve Epson.


Epson does not assert any proprietary rights to any Third Party Products, services or brand names mentioned on this Site, which may be trademarked by their respective owners.


If you use a link from this Site to a Third Party Site, you acknowledge that Epson has no control over the content thereof and that Epson is not a party to any transaction you enter into on any Third Party Site.


Limitation of Liability Arising From Site Use

Epson will take reasonable steps to ensure that all information about products on this Site is accurate and complete.


Except that nothing in these Terms of Use limits Epson’s liability in connection with a representation that cannot be excluded under the Australian Consumer Law, Epson reserves the right to correct any errors, inaccuracies or omissions or to change or update information on this Site at any time (including after you have submitted an order). Epson may accept, decline, or cancel any order due to an error, inaccuracy or omission. For example, if a product’s listed price is incorrect, Epson may cancel the order placed for the product regardless of whether Epson has received payment or not. If your order is cancelled, Epson will refund any amounts paid.


You must make and rely on your own enquiries regarding the suitability of any Epson product for your intended performance or use requirements. Except that nothing in this clause excludes, restricts or modifies any warranties, guarantees, rights or remedies which cannot be excluded, restricted or modified under the Australian Consumer Law, if you purchase an Epson product that does not meet your intended performance or use requirements, Epson will not be liable to you for any consequential or indirect loss or damages, loss of profits or loss of revenue suffered as a result. Any pre-purchase questions regarding the specifications or performance characteristics of any Epson products should be directed as follows:


  • To an Epson reseller, stockist or dealer, (click here for "Where to Buy"); or
  • To Epson Technical support, in relation to drivers and other downloads, (click here)
  • By e-mail our technical support team, (click here or phone 1300 361 054).
  • By contacting us, click here.

Software Downloads

If you download Software from the Site, your use of the Software will be governed by the terms of any license agreement for that Software that will be made available to you, and which that you must accept before installing the Software. Epson (or the relevant Software supplier) will retain full ownership of the Software and all associated intellectual property rights. You must not redistribute, sell, decompile, reverse engineer or otherwise convert the Software to a human-readable form.


Epson printers are designed to function only with genuine Epson ink cartridges and not with third party ink or cartridges. By downloading and installing any software or firmware upgrade for your printer, you understand and agree that after such installation, your printer may not function, either properly or at all, unless you use genuine Epson ink cartridges.


By downloading and installing Software from the Site (or from any other site authorised by Epson), you acknowledge and agree that such Software is intended to maintain the performance and functionality of your Epson product according to its original design, configuration and specifications.


Site Security

Except that nothing in this clause excludes, restricts or modifies any warranties, guarantees, rights or remedies which cannot be excluded, restricted or modified under the Australian Consumer Law:

  1. Epson will use its best efforts to ensure that the Site is functional but does not warrant that the servers on which the Site operates will be free of viruses or other harmful components. You should take all necessary precautions to protect your computer from any virus, data, Trojan horse, worm, program or other information that may corrupt or affect adversely its operation. Epson does not make any warranty that your use of the Site will be uninterrupted or error-free.


  2. Epson does not make any warranty that your use of the Site will be uninterrupted or error-free:

  3. Any damage to your computer equipment arising from your access to the Site or your downloading of Materials; or
  4. Any consequential damage that may result from your use of, or any inability to use, the Materials.


  5. Epson will not be liable for

  6. any damage to your computer equipment arising from your access to the Site or your downloading of Materials, except to the extent the damage is caused by the fraud or wilful misconduct of Epson or its employees, officers, contractors or agents.


Feedback and Information

Epson shall be free to use any feedback you may provide to it in relation to this Site for any purpose it considers appropriate.


Update of Terms of Use

Epson may revise these Terms of Use from time to time. Each time you visit this Site you should review these Terms of Use.


Governing Law

The laws of New South Wales, Australia govern the Terms of Use.


Where to Buy Epson

To assist consumers in locating Epson resellers, we have included "Where to Buy" buttons that links to the Where to Buy Epson webpage which lists Epson resellers. This is not an exhaustive list of all the dealerships who stock Epson product. Except that nothing in this clause excludes, restricts or modifies any warranties, guarantees, rights or remedies which cannot be excluded under the Australian Consumer Law, we do not warrant the accuracy of this list, we do not make any recommendations or endorsements of firms either appearing or not appearing in this list. We suggest that you phone ahead before visiting any dealer to ensure that they have Software and products for sale or demonstration. If you experience difficulties in locating a dealer, then please phone Epson customer service on 1300 361 054 or click on the Customer Service Pre-Sales, fill out the form and submit.

Privacy

You acknowledge that you have read the Epson Privacy Statement and agree with the terms of the statement. You consent to our use of your personal information in accordance with the terms and for the purposes set forth in the abovementioned privacy statement.

 

Australian Consumer Law

Nothing in these Terms of Use apply where it would exclude, restrict or modify any right or remedy you may have under the Australian Consumer Law if such right or remedy cannot lawfully be excluded, restricted or modified.


Notwithstanding anything to the contrary in these Terms of Use, if you acquire goods and services from Epson as a consumer under the Australian Consumer Law, they come with statutory guarantees under the Australian Consumer Law that are not excluded by these Terms of Use.

 

The statutory guarantees include (without limitation) the following:

  • Goods must be of acceptable quality. This means they must:
    1. be safe;
    2. be free from defects;
    3. be acceptable in appearance and finish;
    4. do all the things someone would normally expect them to do;
    5. match any demonstration model or sample;
    6. be fit for the purpose which Epson has represented to you it would be fit for;
    7. match the description of the goods given by Epson; and
    8. meet any express warranty given by Epson to you at the time of your purchase about their performance, condition and quality.

    9. Services provided by Epson must:

    10. be provided with due care and skill or technical knowledge;
    11. be fit for the purpose or give the results that have been agreed to; and
    12. be delivered within a reasonable time when there is no agreed end date.

    13. To the extent that Epson fails to comply with a consumer guarantee applicable to you under the Australian Consumer Law, you are entitled to the remedies as set out in the Australian Consumer Law including but not limited to:

    14. For major failures with the service, you are entitled:
    15. to cancel your service contract with Epson; and
    16. to a refund for the unused portion, or to compensation for its reduced value.
    17. You are also entitled to choose a refund or replacement for major failures with goods.
    18. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
    19. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

     


    General Provisions

    These Terms of Use are to be read in conjunction with:



     

    How To Contact Us

    If you have any questions about these Terms of Use, the practices of this Site, or your dealings with this Site, please phone 1300 361 054 or https://www.epson.com.au/support/.